특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances asserted by the Defendant as an element favorable to sentencing in the trial of the lower court, such as the circumstance that the Defendant agreed with the victims, etc., were mostly revealed during the oral proceedings of the lower court, and there is no particular change in the situation in the sentencing guidelines with the matters that are conditions for sentencing after the sentence of the lower court was rendered.
Although there is no good health condition, such as the defendant scambling both the upper line and suffering from the oral disease, the defendant has been punished twice due to drinking driving, and despite the fact that it is not good health condition as above, the defendant scambling two-lane national highways with the central cost of separation from blood alcohol concentration of 0.191%, even though it is in a state of chronic health condition, are 600 meters high at night, causing a traffic accident involving three-lanes.